In Re Kas

632 S.E.2d 433, 279 Ga. App. 643
CourtCourt of Appeals of Georgia
DecidedJune 7, 2006
DocketA06A0508
StatusPublished

This text of 632 S.E.2d 433 (In Re Kas) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Kas, 632 S.E.2d 433, 279 Ga. App. 643 (Ga. Ct. App. 2006).

Opinion

632 S.E.2d 433 (2006)
279 Ga. App. 643

In the Interest of K.A.S. et al., children.

No. A06A0508.

Court of Appeals of Georgia.

June 7, 2006.

*434 Jamie G. Averett, Cartersville, for appellant.

Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Brunt & Hood, Jason P. Hood, Neel & Smith, Barry S. Haney, Joshua D. Earwood, Cartersville, for appellee.

MIKELL, Judge.

A.P., the biological mother of K.A.S., E.O.P.S., C.O.L.V.P., B.L.N.C.P., and M.C.M.P.,[1] appeals the juvenile court's order terminating her parental rights to her children[2] and awarding custody to the Bartow County Department of Family and Children Services (the "Department"). For the reasons set forth below, we affirm the termination order.

On appeal from a termination order, this Court views the evidence in the light most favorable to the appellee and determines whether any rational trier of fact could have found by clear and convincing evidence that the biological parent's rights to custody have been lost. We do not weigh the evidence or determine the credibility of witnesses, but defer to the trial court's *435 factfinding and affirm unless the evidence fails to satisfy the appellate standard of review.[3]

So viewed, the evidence shows that these five children came into the custody of the Department on January 16, 2004, after the Bartow County Juvenile Court entered an order for shelter care because the children were not receiving basic care or attending school, some of the children were in need of medical care, and their parents had a history of not cooperating with the Department. There was evidence in the record that the Pickens County and Chattooga County Departments of Family and Children Services had been involved with the family since November 2001 and had provided services to them, including money, child care, food, gas, and gifts. On January 20, 2004, the court conducted a detention hearing, concluding that there was probable cause to believe the children were deprived because "there had been multiple county DFACS involvement for neglect; home is periodically filthy; various children not getting medical needs met; home is furnished inadequately; parents having difficulty meeting basic needs; school age children have multiple tardies; [and] mother uncooperative." The court also concluded that the children were at risk with their parents who had a pattern of moving from one county to another while involved with the Department.

On February 11, 2004, the court entered a "Temporary Custody Order of Adjudication and Disposition," after the Department filed a deprivation petition on behalf of all five children. Appellant and Malcolm Piper, the legal father of B.L.N.C.P. and M.C.M.P. and putative father of C.O.L.V.P., and Clayton Shattuck, the putative father of K.A.S., consented in open court to the children being placed with the Department.[4] They also consented to the following causes of deprivation: medical neglect; inadequate/unstable housing; unstable employment; neglect/lack of supervision; and biological father's failure to legitimate. The parties also stipulated that medical testimony would have shown that on January 21, 2004, M.C.M.P. had been diagnosed with pneumonia, sinusitis, and an ear infection that had existed for several days before he was examined and that on January 16, 2004, E.O.P.S. was diagnosed with a sprained foot, and K.A.S. with an untreated ear infection. Teresa Davis, the Department case worker, testified at the hearing that E.O.P.S. stated that he sustained the sprain to his foot when his mother pushed him to the floor and that he complained to her about the pain, but she never attempted to provide medical care; that the appellant told her that E.O.P.S. had a fever of 106 degrees on December 21, 2003, and that she took him to the hospital but left before he was seen; and that when one of the Department's supervisors visited the next day, the child no longer had a fever. The parents consented to a reunification case plan, which required the appellant to complete a psychological evaluation and follow any recommendations made; obtain and maintain safe and stable housing; obtain and maintain stable, legal income; complete age appropriate parenting classes and demonstrate skills learned; establish or maintain a bond with the children by regular visitation; and address any issues of marital instability.[5]

On March 19, 2004, the court entered an order, making the February 11 order the final disposition of the court, and providing that it would expire on January 16, 2005. The court placed temporary custody of the children with the Department and approved its proposed placement of K.A.S. and E.O.P.S. with K.A.S.'s paternal grandmother. The Department filed a motion for extension of custody, which the court granted, extending the Department's custody of the children for an additional twelve months. Appellant did not appeal the provisional or final disposition orders in which the children were found deprived.

*436 On April 20, 2005, the Department filed a petition to terminate the parental rights of the appellant and the children's fathers. The juvenile court conducted hearings on the petition on July 13, August 12, August 15, and August 23, before entering its order to terminate the appellant's rights on September 2, 2005. On June 21, 2005, before the first hearing date, Grogan, the legal father of the three oldest children, surrendered his parental rights to the Department. At the hearing on July 13, Shattuck consented to the termination of his rights to his biological daughter, K.A.S., and Poole consented to the termination of his rights to his biological son, E.O.P.S. The evidence adduced at the hearing follows.

The appellant testified that she was married to Piper when the children were removed from her custody and that they were still married but had been separated since March 2004; that she lives in a mobile home with her boyfriend, Jim McDaniel; that she was five months pregnant with McDaniel's child; that she was saving money to pay for her divorce from Piper; that McDaniel pays all of her bills and has not been able to pay for her divorce because he pays child support for one of his three children; that she is entirely dependent on McDaniel except that she makes $25 weekly babysitting a child; and that she does not own a vehicle.

When asked about whether she had obtained and maintained stable legal income as required by the reunification plan, appellant admitted that she had not. Appellant testified that she had held five different jobs since her kids were removed from her custody and admitted that she could have tried to keep one of them. Regarding the requirement that she maintain safe and stable housing, appellant testified that she had lived in five different places since she lost custody of her children and that during that time, she had a house for seven months, which she lost through no fault of her own; and that she had beds for all of her kids in her current home.

When asked how she would afford to take care of her kids if they were returned to her custody, appellant testified that she would manage and that McDaniel would take care of her kids. When asked about the case plan goal that she maintain a bond with her children through regular visitation, appellant testified that most of the visits with the children went well, even though they were disobedient, and that C.O.L.V.P.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Interest of R. N.
480 S.E.2d 243 (Court of Appeals of Georgia, 1997)
Chancey v. Department of Human Resources
274 S.E.2d 728 (Court of Appeals of Georgia, 1980)
In the Interest of E. C.
482 S.E.2d 522 (Court of Appeals of Georgia, 1997)
In the Interest of K. L.
507 S.E.2d 542 (Court of Appeals of Georgia, 1998)
In the Interest of C. W. D.
501 S.E.2d 232 (Court of Appeals of Georgia, 1998)
In the Interest of S. B.
515 S.E.2d 209 (Court of Appeals of Georgia, 1999)
In the Interest of F. C.
549 S.E.2d 125 (Court of Appeals of Georgia, 2001)
In the Interest of C. F.
555 S.E.2d 81 (Court of Appeals of Georgia, 2001)
In the Interest of M. V.
560 S.E.2d 125 (Court of Appeals of Georgia, 2002)
In the Interest of M. J. T.
565 S.E.2d 877 (Court of Appeals of Georgia, 2002)
In the Interest of D. B.
572 S.E.2d 9 (Court of Appeals of Georgia, 2002)
In the Interest of M. L. S.
615 S.E.2d 615 (Court of Appeals of Georgia, 2005)
In the Interest of J. K.
629 S.E.2d 529 (Court of Appeals of Georgia, 2006)
In the Interest of K. A. S.
632 S.E.2d 433 (Court of Appeals of Georgia, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
632 S.E.2d 433, 279 Ga. App. 643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kas-gactapp-2006.